Criminal Law
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Answered in 9 minutes by:
9/30/2011
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4,502
Experience: Almost 12 years of legal experience, primarily in criminal law
VerifiedHello.
No procedural law has been violated by the officer's actions. The officer conducted a legal traffic stop. While conducting the traffic stop, he observed the contraband in plain view, that is, it was visible from a place where the officer was standing lawfully, and its criminal nature was immediately apparent to the officer. The "plain view" rule is a judicially recognized exception to the Fourth Amendment's prohibition on unreasonable searches and seizures. Moreover, the officer's use of a flashlight does not trigger any constitutional violations. The Supreme Court made that ruling in a similar case, Texas v. Brown, 460 U.S. 730 (1983), where it upheld an officer's discovery of a balloon filled with narcotics in plain view after sweeping the vehicle with a flashlight during a traffic stop.
The case is located here:
http://supreme.justia.com/us/460/730/case.html
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4,502
Experience: Almost 12 years of legal experience, primarily in criminal law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).
